senate Bill S8289B

Signed By Governor
2019-2020 Legislative Session

Relates to requiring residential health care facilities to prepare an annual pandemic emergency plan to the commissioner of health

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2020 signed chap.114
Jun 05, 2020 delivered to governor
May 27, 2020 returned to senate
passed assembly
ordered to third reading rules cal.37
substituted for a10394a
referred to codes
delivered to assembly
passed senate
ordered to third reading cal.655
May 26, 2020 reported and committed to rules
May 24, 2020 print number 8289b
May 24, 2020 amend (t) and recommit to health
May 20, 2020 print number 8289a
May 20, 2020 amend and recommit to health
May 06, 2020 referred to health

Votes

view votes

May 26, 2020 - Health committee Vote

S8289B
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

May 24, 2020 - Rules committee Vote

S8289B
19
0
committee
19
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S8289 - Details

See Assembly Version of this Bill:
A10394
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

S8289 - Summary

Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.

S8289 - Sponsor Memo

S8289 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8289

                            I N  S E N A T E

                               May 6, 2020
                               ___________

Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to requiring residen-
  tial health care facilities to submit  an  annual  pandemic  emergency
  plan to the commissioner of health

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2803 of the public health law is amended by  adding
a new subdivision 12 to read as follows:
  12.  (A)  EACH  RESIDENTIAL  HEALTH CARE FACILITY SHALL, NO LATER THAN
JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND ANNUALLY  THEREAFTER,  SUBMIT
TO  THE  COMMISSIONER FOR APPROVAL A PANDEMIC EMERGENCY PLAN WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO:
  (I) A COMMUNICATION PLAN TO UPDATE FAMILIES AND  GUARDIANS  TWICE  PER
DAY ON A PATIENT'S CONDITION;
  (II)  PROTECTION PLANS AGAINST INFECTION FOR STAFF, PATIENTS AND FAMI-
LIES, INCLUDING:
  (A) A PLAN FOR HOSPITALIZED PATIENTS TO BE CLEARED OF INFECTION  PRIOR
TO READMISSION TO SUCH RESIDENTIAL HEALTH CARE FACILITY; AND
  (B)  A  PLAN  FOR SUCH RESIDENTIAL HEALTH CARE FACILITY TO MAINTAIN AT
LEAST A TWO-MONTH SUPPLY OF PERSONAL PROTECTIVE EQUIPMENT; AND
  (III) A PLAN FOR PRESERVING A PATIENT'S PLACE IN A RESIDENTIAL  HEALTH
CARE FACILITY IF SUCH PATIENT IS HOSPITALIZED.
  (B) THE COMMISSIONER SHALL AUDIT EACH RESIDENTIAL HEALTH CARE FACILITY
FOR COMPLIANCE WITH ITS PLAN AND THE APPLICABLE REGULATIONS ON AN ANNUAL
BASIS.
  (C)  WITHIN  THIRTY  DAYS AFTER THE RESIDENTIAL HEALTH CARE FACILITY'S
RECEIPT OF WRITTEN NOTICE OF NONCOMPLIANCE SUCH RESIDENTIAL HEALTH  CARE
FACILITY  SHALL  SUBMIT  A PLAN OF CORRECTION IN SUCH FORM AND MANNER AS
SPECIFIED BY THE COMMISSIONER FOR ACHIEVING COMPLIANCE WITH ITS PLAN AND
WITH THE APPLICABLE REGULATIONS. THE COMMISSIONER SHALL AUDIT EACH  SUCH
RESIDENTIAL  HEALTH  CARE  FACILITY FOR COMPLIANCE WITH ITS PLAN AND THE
APPLICABLE REGULATIONS WITHIN A REASONABLE TIME AFTER SUBMISSION OF SUCH
PLAN OF CORRECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

S8289A - Details

See Assembly Version of this Bill:
A10394
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

S8289A - Summary

Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.

S8289A - Sponsor Memo

S8289A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8289--A

                            I N  S E N A T E

                               May 6, 2020
                               ___________

Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law, in relation to requiring residen-
  tial  health  care  facilities  to submit an annual pandemic emergency
  plan to the commissioner of health

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2803 of the public health law is amended by adding
a new subdivision 12 to read as follows:
  12. (A) EACH RESIDENTIAL HEALTH CARE FACILITY  SHALL,  NO  LATER  THAN
JANUARY  FIRST,  TWO THOUSAND TWENTY-ONE AND ANNUALLY THEREAFTER, SUBMIT
TO THE COMMISSIONER FOR APPROVAL A PANDEMIC EMERGENCY PLAN  WHICH  SHALL
INCLUDE BUT NOT BE LIMITED TO:
  (I) A COMMUNICATION PLAN TO UPDATE AUTHORIZED FAMILY MEMBERS AND GUAR-
DIANS OF INFECTED PATIENTS TWICE PER DAY ON A PATIENT'S CONDITION AND AT
LEAST  ONCE  A  WEEK  TO UPDATE ALL PATIENTS AND AUTHORIZED FAMILIES AND
GUARDIANS ON THE NUMBER OF INFECTIONS AND DEATHS AT THE FACILITY;
  (II) PROTECTION PLANS AGAINST INFECTION FOR STAFF, PATIENTS AND  FAMI-
LIES, INCLUDING:
  (A) A PLAN FOR HOSPITALIZED PATIENTS TO BE READMITTED TO SUCH RESIDEN-
TIAL HEALTH CARE FACILITY AFTER TREATMENT; AND
  (B)  A  PLAN  FOR SUCH RESIDENTIAL HEALTH CARE FACILITY TO MAINTAIN OR
CONTRACT TO HAVE ACCESS TO AT  LEAST  A  TWO-MONTH  SUPPLY  OF  PERSONAL
PROTECTIVE EQUIPMENT; AND
  (III)  A PLAN FOR PRESERVING A PATIENT'S PLACE IN A RESIDENTIAL HEALTH
CARE FACILITY IF SUCH PATIENT IS HOSPITALIZED.
  (B) THE COMMISSIONER SHALL AUDIT EACH RESIDENTIAL HEALTH CARE FACILITY
FOR COMPLIANCE WITH ITS PLAN AND THE APPLICABLE REGULATIONS ON AN ANNUAL
BASIS.
  (C) WITHIN THIRTY DAYS AFTER THE RESIDENTIAL  HEALTH  CARE  FACILITY'S
RECEIPT  OF WRITTEN NOTICE OF NONCOMPLIANCE SUCH RESIDENTIAL HEALTH CARE
FACILITY SHALL SUBMIT A PLAN OF CORRECTION IN SUCH FORM  AND  MANNER  AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S8289B (ACTIVE) - Details

See Assembly Version of this Bill:
A10394
Law Section:
Public Health Law
Laws Affected:
Amd §2803, Pub Health L

S8289B (ACTIVE) - Summary

Relates to requiring residential health care facilities to submit an annual pandemic emergency plan to the commissioner of health; requires such plan to include a communication plan with families, plans to protect staff, residents and families against infection, and plans to preserve a resident's place at the facility if he or she is hospitalized.

S8289B (ACTIVE) - Sponsor Memo

S8289B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8289--B

                            I N  S E N A T E

                               May 6, 2020
                               ___________

Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to requiring residen-
  tial health care facilities to prepare an  annual  pandemic  emergency
  plan

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2803 of the public health law is amended by  adding
a new subdivision 12 to read as follows:
  12.  (A)  EACH  RESIDENTIAL  HEALTH CARE FACILITY SHALL, NO LATER THAN
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS  SUBDIVISION  AND  ANNUALLY
THEREAFTER,  OR  MORE FREQUENTLY AS MAY BE DIRECTED BY THE COMMISSIONER,
PREPARE AND MAKE AVAILABLE TO THE PUBLIC ON THE FACILITY'S WEBSITE,  AND
IMMEDIATELY  UPON  REQUEST,  IN A FORM ACCEPTABLE TO THE COMMISSIONER, A
PANDEMIC EMERGENCY PLAN WHICH SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) A COMMUNICATION PLAN:
  (A) TO UPDATE AUTHORIZED FAMILY  MEMBERS  AND  GUARDIANS  OF  INFECTED
RESIDENTS AT LEAST ONCE PER DAY AND UPON A CHANGE IN A RESIDENT'S CONDI-
TION  AND  AT  LEAST  ONCE A WEEK TO UPDATE ALL RESIDENTS AND AUTHORIZED
FAMILIES AND GUARDIANS ON THE NUMBER OF INFECTIONS  AND  DEATHS  AT  THE
FACILITY,  BY  ELECTRONIC OR SUCH OTHER MEANS AS MAY BE SELECTED BY EACH
AUTHORIZED FAMILY MEMBER OR GUARDIAN; AND
  (B) THAT INCLUDES A METHOD TO PROVIDE ALL RESIDENTS WITH DAILY ACCESS,
AT NO COST, TO REMOTE VIDEOCONFERENCE OR EQUIVALENT COMMUNICATION  METH-
ODS WITH FAMILY MEMBERS AND GUARDIANS; AND
  (II) PROTECTION PLANS AGAINST INFECTION FOR STAFF, RESIDENTS AND FAMI-
LIES, INCLUDING:
  (A)  A  PLAN FOR HOSPITALIZED RESIDENTS TO BE READMITTED TO SUCH RESI-
DENTIAL HEALTH CARE FACILITY AFTER TREATMENT,  IN  ACCORDANCE  WITH  ALL
APPLICABLE LAWS AND REGULATIONS; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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